The Community Decay Ordinance had its first public meeting. Mayor Shaud Schwarzbach started the meeting by telling everyone how happy he was to have so many people present. He reminded everyone there would be no voting that night. This was just a public awareness meeting to discuss the ordinance.
There were a few recommendations to make the wording a little clearer during the discussion. They will take the recommendations to the lawyers for review and bring the ordinance back for further discussion before the final vote.
It was mentioned that several people are willing to help clean up yards if they would like help.
It was mentioned that we had had a problem with skunks. And putting up a barrier or shield from public view will not eliminate that issue.
The city council will have the authority to say what would work for a shield/fence around the property.
Editor's Note: The following is the ordinance's wording as it was discussed. Please note it is not the final wording of the ordinance. The final language will be presented at the next public meeting . ORDINANCE NO. 2021-1
AN ORDINANCE ADOPTING TITLE 8, CHAPTER 8 SECTION .09, OF THE TOWN OF BIG SANDY CODE TO PROHIBIT DISABLED OR JUNK VEHICLE OR JUNK TO BE IN VIEW OF THE PUBLIC FROM ANY PUBLIC RIGHT OF WAY.
8.09.10 Definitions. As used in this a chapter, unless the context otherwise indicates:
A."Community decay" means a nuisance created by allowing rubble, debris, junk or refuse to accumulate resulting in conditions that are injurious to health, indecent, offensive to the senses or obstructive to the free use of property so as to interfere with the comfortable enjoyment of life or property.
B. "Junk vehicle" means a discarded, ruined, wrecked, or dismantled motor vehicle, including component parts, that is not lawfully and validly licensed and remains inoperative incapable of being driven (Section 75-10-501(4) , MCA).
C. "Person" means an individual, firm, partnership, company, association, corporation or organization of any kind.
D."Public view" is any point six (6) feet above the surface of the center of any public street, road or alley from which the community decay can be seen.
E. "Enclosed areas," means any area that is inaccessible to the public view from any public right-of-way.
F "Junk" means any metal, glass, paper, rags, wood, machinery parts, appliance, or equipment parts, cloth or other waste or discarded material of any nature or substance whatsoever, or any scrap or salvage materials.
G. "Property" means any real property within the Town or any Town property within or without the corporate limits which is not a street or highway.
H. " Street, alley, or highway" means the entire width between the boundary lines of every publicly maintained way when any part thereof is open to the use of the public for the purpose of vehicle travel.
8.09.20 Administration, enforcement and civil Penalty
A. The Town Mayor and/or designees shall enforce this ordinance and institute appropriate action to ensure and correct violations.
B. Reporting and Complaints: Any citizen so affected by a nuisance and/or Community Decay is entitled to make a written complaint to the Town. Such complaints shall include, whenever possible:
1. The nature of the nuisance and/or Community Decay;
2. The location of the nuisance, including the address;
3. The name of the owner, occupant, or manager of the
premises;
4. The duration of the nuisance and/or Community Decay; and
5. The name and address of the complainant.
C. Violations of this Ordinance shall be declared a nuisance and shall be punishable by a civil penalty not to exceed Three Hundred Dollars ($300.00) for each violation or if the infraction is a continuing offense, a civil penalty not to exceed Fifty Dollars ($50.00) for each subsequent violation. Each day the civil infraction continues is deemed be a separate and punishable civil offense.
8.09.030 Community Decay Standards
It shall be a violation of this Chapter to allow any of the following conditions to exist within public view on any property in the City:
A. The dumping, piling or stacking of bricks, blocks, waste wood building materials or similar materials on any property except when such materials are being used for construction not to exceed a one hundred twenty (120) day period;
B. The storage or accumulation of cardboard boxes, broken packing boxes, paper or similar items;
C. The piling, dumping or placement of any dirt, demolition waste, including wood, bricks, concrete or similar materials on any property unless such material is to be utilized for fill. When used as fill, all material shall be covered with clean earth fill once every ten (10) days;
D. The storage or accumulation of iron, metal, vehicle or machine parts, junk vehicles, wrecked vehicles, tires, household appliances or other salvaged materials;
E. The storage and accumulation of any rubble, debris, junk or refuse that is deemed to be a nuisance;
F. This Section shall not apply to vehicles enclosed in a building or covered by a cover specifically designed for covering vehicles (no more than two vehicles covered per residential property) or to any vehicle held in connection with a lawfully operated business enterprise or to any vehicle retained for antique collection purposes pursuant to Section 61-3-411 , MCA.
G. This Section shall not be construed to prevent people from repairing their own vehicles on private property even though exposed to public view provided said people pursue the work to completion within ninety (90) days.
8.09.40 Junk vehicle nuisance
A. Nuisance Declared. All Junk Vehicles, whether on public property or on private property in view of the general public, are declared to be a nuisance.
B. Tearing down, stripping, junking, or storage of vehicles outside a building or acceptable shielding within any area of the corporate Town limits is prohibited.
C. Abatement.
1. Public Property. If the Junk Vehicle is on public property and is not disposed of within seven (7) days of receipt of notice as provided hereinafter from the Town of Big Sandy, the Chouteau County Sheriff's office is authorized to remove and dispose of said vehicle. The owner of said vehicle shall be responsible for all costs and expenses for towing, storage and administrative costs.
2. Private Property. If the Junk Vehicle is on private property and is not shielded or disposed of within thirty (30) days of receipt of notice as provided for herein, the Town of Big Sandy shall commence an action to abate said nuisance. The owner of said vehicle shall be responsible for all costs and expenses for towing, storage, administrative, and Court costs.
a. Notice. The Mayor shall make a reasonable attempt to locate the owner of the vehicle and/or lien holder. The address currently maintained by the Montana Department of Motor Vehicle Registration, or the equivalent agency in any other state or country, shall be deemed the address upon which notice shall be made. Any notice is deemed complete by deposit into the United States Postal Service of a return receipt requested mailing to said address.
b. Consent. If the owner of the junk vehicle consents to said abatement, such person shall sign a written consent to abate the vehicle and provide to the Town a copy of the motor vehicle registration for said vehicle, if available, or a bill of sale. The signing of such consent shall in no way relieve the owner of paying the costs associated with the towing, disposal of said vehicle and related administrative costs to be set by resolution.
c. Involuntary Abatement. If the owner does not consent to said removal, then the Town shall pursue legal remedies through the Court having proper jurisdiction and venue to abate nuisances.
8.09.050 Shielding
The open storage, accumulations, or presence of items or materials that would be considered a public nuisance under Sections 8.09.030 and 8.09.040 shall be lawful if such materials and vehicles are shielded from public view in accordance with the following standards:
A. All shielding barriers must conform to all local zoning, planning,
building, and protective covenant requirements.
B. All shielding barriers shall be of sufficient height and density to conceal any violation on the premises from public view.
C. Any manmade shielding barriers must be constructed of sound building materials. Lumber or better is required. Other types of fencing of equivalent performance, attractiveness, and shielding qualities are also acceptable. The barriers must be maintained by the property owner or occupant in a neat and workmanlike manner and shall be replaced when necessary.
D. Shielding with shrubs and trees, while not subject to precise measurements, must provide a similar degree of shielding at all times of the year.
E. No more than one of the approved shielding materials shall be used on anyone side of the property.
F. Plastics, tarps, or other materials placed over junk vehicles are not acceptable, except that reasonably attractive car covers specifically designed to attach tightly to and cover motor vehicles is acceptable for shielding up to two junk vehicles at a single residential location. Car covers must be maintained and secured at all times and cannot be ripped, torn, or blowing loose in the wind.
